Met with JD Prescott and Senator Alexander this week, they are considering taking this on! Here is the language with the help of Beth, CEO of Indiana coalition of sexual assault and human trafficking, this is what we are requesting from them below.
Sample language:
One way to handle this is to simply say: A prosecution for any felony-level sex offense may be commenced at any time. This is the method of choice of many states.
Another option is to go through each felony sex offense in the Statute of Limitations section of Indiana law (35-41-4-2) and indicate that eachmay be commenced at any time.
In order to specifically address the difference between Rape as a Level 1 or 2 Felony (no SOL) and Rape as a Level 3 Felony, (five years SOL), the following change could be made to IC 35-41-4-2 (n): A prosecution for rape…as a level 3 felony may be commenced at any time.
Other States: I looked at other midwestern states as a guide (my source was RAINN:https://apps.rainn.org/policy/#report-generator and here is what I found:
Illinois: no SOL for any felony sexual assault
Michigan: no SOL for 1st degree Rape (called Criminal Sexual Conduct—this is true for us as well), but longer times for lower offenses:
2nd degree—adult victim—10 years
3rd degree—child victim—15 years
Ohio: 25 years SOL for Rape
Kentucky: no SOL for any Felony Rape
Minnesota: no SOL for any Rape (called Criminal Sexual Conduct)
Wisconsin: no SOL for 1st degree Rape (same as us) but longer times for lower offenses:
2nd or 3rd degree—10 years
4th degree—3 years
As you can see, we have the shortest SOL for level 3 Rape of any comparable state in the Midwest.
I hope this information is helpful to you, and you are able to share it with Sen. Alexander and Rep. Prescott. If they need more information, don’t hesitate to refer them to me.
Please if you feel led to help you call them and tell them you want this changed for all of our fellow survivors! It is helpful for people to call their offices and say you stand w us! Thank all of you for ur stories of I take it will me and I will continue to go forward so that the people coming behind us have a voice and can receive justice when they are ready! I’ll post the phone numbers below! We can do this!
800-382-9467 For Scott Alexander
800-382-9841 for JD Prescott